Constitution, Art. III, Sec. 2

Arrest
Constitution, Art. III, Sec. 2

Section 2. The right of the people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no
search warrant or warrant of arrest shall issue except upon probable cause to be determined personally
by the judge after examination under oath or affirmation of the complainant and the witnesses he may
produce, and particularly describing the place to be searched and the persons or things to be seized.
Revised Penal Code, Art. 269

Art. 269. Unlawful arrest. The penalty of arresto mayor and a fine not exceeding
500 pesos shall be imposed upon any person who, in any case other than those
authorized by law, or without reasonable ground therefor, shall arrest or detain
another for the purpose of delivering him to the proper authorities.
New Civil Code, Art. 32(4)

Art. 32. Any public officer or employee, or any private individual,
who directly or indirectly obstructs, defeats, violates or in any
manner impedes or impairs any of the following rights and
liberties of another person shall be liable to the latter for
damages:
(4) Freedom from arbitrary or illegal detention;
In any of the cases referred to in this article, whether or not the

defendant's act or omission constitutes a criminal offense, the
aggrieved party has a right to commence an entirely separate
and distinct civil action for damages, and for other relief. Such
civil action shall proceed independently of any criminal
prosecution (if the latter be instituted), and mat be proved by a
preponderance of evidence.
The indemnity shall include moral damages. Exemplary damages

may also be adjudicated.
The responsibility herein set forth is not demandable from a
judge unless his act or omission constitutes a violation of the
Penal Code or other penal statute.
Rule on Juveniles in Conflict with Law, Sec. 6, 7
Section 5. Determination of Age. - The child in conflict with the law shall enjoy the presumption of minority and shall
enjoy all the rights of a child in conflict with the law until proven to be eighteen years old or older at the time of the
commission of the offense. The age of the child shall be determined according to the following rules:
(1) The best evidence to prove the age of a child is an original or certified true copy of the certificate of live birth;
(2) In the absence of a certificate of live birth, similar authentic documents such as baptismal certificates and school
records or any pertinent document that shows the date of birth of the child;
(3) In the absence of the documents under paragraphs 1 and 2 of this section due to loss, destruction or unavailability,
the testimony of the child, the testimony of a member of the family related to the child by affinity or consanguinity who is
qualified to testify on matters respecting pedigree such as the exact age or date of birth of the child pursuant to Sec.40,
Rule 130 of the Rules on Evidence, the testimonies of the other persons, the physical appearance of the child and
other relevant evidence, shall suffice.
Section 6. Burden of Proof of Age. - Any person alleging the age of the child in conflict with the law has the burden of
proving the age of such child.
If the age of the child is contested prior to the filing of the information in court, a case for determination of age under
summary proceeding may be filed before a court which shall render its decision within 24 hours from receipt of the
appropriate pleadings of all the parties. (n)
In all cases involving a child, the court shall make a categorical finding as to the age of the child.
Section 7. Exemption from Criminal Liability. - A child fifteen years of age or under at the time of the commission of the
offense shall be exempt from criminal liability. However, the child shall be subjected to an intervention program as
provided for in Republic Act No. 9344 when consented to by the child and the parents. (a)
Exemption from criminal liability does not include exemption from civil liability which shall be enforced in accordance
with the provisions of Article 221 of the Family Code in relation to Article 101 of the Revised Penal Code and Rule 111
of the Revised Rules of Criminal Procedure. If the act or omission of the child involves a quasi-delict, Article 2180 of the
Civil Code shall apply.
BP 129, Sec. 37, last par. Sec. 38(2)

Section 37. Preliminary investigation. Judges of Metropolitan Trial Courts, except those in the National Capital Region, of
Municipal Trial Courts, and Municipal Circuit Trial Courts shall have authority to conduct preliminary investigation of crimes
alleged to have been committed within their respective territorial jurisdictions which are cognizable by the Regional Trial
Courts.
The preliminary investigation shall be conducted in accordance with the procedure prescribed in Section 1, paragraphs (a),
(b), (c), and (d), of Presidential Decree No. 911: Provided, however, That if after the preliminary investigation the Judge finds
a prima facie case, he shall forward the records of the case to the Provincial/City Fiscal for the filing of the corresponding
information with the proper court.
No warrant of arrest shall be issued by the Judge in connection with any criminal complaint filed with him for preliminary
investigation, unless after an examination in writing and under oath or affirmation of the complainant and his witnesses, he
finds that a probable cause exists.
Any warrant of arrest issued in accordance herewith may be served anywhere in the Philippines.
Section 38. Judgments and processes.
(1) All judgments determining the merits of cases shall be in writing, stating clearly the facts and the law on which they were
based, signed by the Judge and filed with the Clerk of Court. Such judgment shall be appealable to the Regional Trial Courts
in accordance with the procedure now prescribed by law for appeals to the Court of First Instance, by the provisions of this
Act, and by such rules as the Supreme Court may hereafter prescribe.
(2) All processes issued by the Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts, in cases
falling within their jurisdiction, may be served anywhere in the Philippines without the necessity of certification by the Judge
of the Regional Trial Court.

Constitution, Art. III, Sec. 2

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Arrest

Constitution, Art. III, Sec. 2

Revised Penal Code, Art. 269

New Civil Code, Art. 32(4)

(4) Freedom from arbitrary or illegal detention;

In any of the cases referred to in this article, whether or not the

The indemnity shall include moral damages. Exemplary damages

BP 129, Sec. 37, last par. Sec. 38(2)

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